GOVINDJI DHALAJI MAJITRANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Criminal Appeal No.31 of 2004 is filed by the appellant - original accused No.2 under Section 374 of the Code of Criminal Procedure, 1973, (for short "the Cr.P.C.") against the judgment and order of conviction and sentence dated 21/11/2003 passed by the learned Special Judge, Court No.3, City Sessions Court, Bhadra, Ahmedabad in Special Case No.29 of 1993, whereby, the learned Sessions Judge has convicted the appellant herein for the offence punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short "the Act, 1988"). The appellant was sentenced to undergo rigorous imprisonment for a period of 6 months and awarded fine of Rs.250/-, and in default of payment of fine, to undergo further rigorous imprisonment of 15 days for the offence under Section 7 of the Act. He was also sentenced to undergo rigorous imprisonment of one year with a fine of Rs.250/-, in default to undergo further rigorous imprisonment for 15 days for the offence under Sections 13(1)(d) read with Section 13(2) of the Act. Whereas, the Criminal Appeal No.560 of 2004 is filed by the appellant - Central Bureau of Investigation challenging the very same judgment and order dated 21/11/2003 so far as acquittal of the respondent - original accused No.1 under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 is concerned.

(2.) The brief facts giving rise to the captioned appeals are as under :

(3.) Heard learned counsel Mr.Bhadrish Raju, assisted by Mr.Dharamveersinh Solanki, the learned counsel appearing for the appellant - original accused No.2, Ms.Maithili D. Mehta, the learned APP appearing for the respondent - State of Gujarat, Mr.R.C. Kodekar, the learned counsel appearing for Central Bureau of Investigation and Mr.K.B. Anandjiwala, the learned senior counsel appearing for the original accused No.1.